plea deal

AF Approval NMA Chief Approval -~D~™=-- UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA V. CASE NO. 6:25-cr-33-GAP-LHP XIAO GUANG PAN PLEA AGREEMENT Pursuant to Fed. R. Crim. P. l l(c), the United States of America, by Gregory W. Kehoe, United States Attorney for the Middle District of Florida, and the defendant, Xiao Guang Pan, and the attorney for the defendant, Katherine I. Puzone, Esq., mutually agree as follows: A. Particularized Terms 1. Counts Pleading To The defendant shall enter a plea of guilty to Counts One through Three of the Information. Counts One through Three charge the defendant with Use of Aircraft for the Unlawful Photographing of Defense Installation Without Authorization, in violation of 18 U.S.C. § 796. 2. Maximum Penalties Counts One through Three each carry a maximum sentence of one year of imprisonment, a fine of not more than $100,000, a term of supervised release of not more than one year, and a special assessment of$25. With respect to certain offenses, the Court shall order the defendant to make restitution to any victim of the Defendant's Initials~ P Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 1 of 20 PageID 71 offenses, and with respect to other offenses, the Court may order the defendant to make restitution to any victim of the offenses, or to the community, as set forth below. 3. Elements of the Offenses The defendant acknowledges understanding the nature and elements of the offenses with which defendant has been charged and to which defendant is pleading guilty. The elements of Counts One through Three are: Second: Third: Fourth: The defendant knowingly used an aircraft, For the purpose of making a photograph, Of vital military installations or equipment, Without first obtaining permission of the commanding officer of the military station. 4. No Further Charges If the Court accepts this plea agreement, the United States Attorney's Office for the Middle District of Florida agrees not to charge defendant with committing any other federal criminal offenses known to the United States Attorney's Office at the time of the execution of this agreement, related to the conduct giving rise to this plea agreement. 5. Acceptance of Responsibility - Three Levels At the time of sentencing, and in the event that no adverse information is received suggesting such a recommendation to be unwarranted, the United States will recommend to the Court that the defendant receive a two-level downward Defendant's Initials -?0 ? 2 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 2 of 20 PageID 72 adjustment for acceptance of responsibility, pursuant to USSG § 3El. l(a). The defendant understands that this recommendation or request is not binding on the Court, and if not accepted by the Court, the defendant will not be allowed to withdraw from the plea. Further, at the time of sentencing, if the defendant's offense level prior to operation of subsection (a) is level 16 or greater, and if the defendant complies with the provisions ofUSSG § 3El.l(b) and all terms of this Plea Agreement, including but not limited to, the timely submission of the financial affidavit referenced in Paragraph B.5., the United States agrees to file a motion pursuant to USSG § 3E 1.1 (b) for a downward adjustment of one additional level. The defendant understands that the determination as to whether the defendant has qualified for a downward adjustment of a third level for acceptance of responsibility rests solely with the United States Attorney for the Middle District of Florida, and the defendant agrees that the defendant cannot and will not challenge that determination, whether by appeal, collateral attack, or otherwise. 6. Abandonment of Property Defendant acknowledges that he has an ownership interest in the following items of property that are in the lawful custody of the United States: • A DJI Mavic 3 Pro unmanned aerial system marked with identifying number 16479624788 and partial serial number 1581F67Q72. • A DJI RC Pro (RM510) Remote Controller with serial number 4QQ3L4AA02KIDD. Defendant's Initials ~Et Y 3 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 3 of 20 PageID 73 • A SanDisk Extreme 400GB microSD Card with serial number 3494YCGR910A The defendant understands that he has the right and opportunity to claim the listed property. The defendant hereby knowingly and voluntarily waives all right, title, and interest in the listed property. The defendant waives, releases, and withdraws any claim that the defendant has made with respect to the listed property, and waives and releases any claim that the defendant might otherwise have made to the listed property in the future. The defendant consents to the vesting of title to the listed property to the United States Government, pursuant to Title 41, Code of Federal Regulations, Section 128-48.102- 1. The defendant also consents to the destruction of the property, or other disposition of the property in accordance with law, and without further notice to the defendant. The defendant waives any right he might otherwise have had to receive notice or a hearing with respect to any motion, pleading, order, or any other action that the Government might take, in its sole discretion, to carry out the abandonment, disposition, and/or destruction of the listed property. The defendant's waiver includes, without limitation, all common law, statutory, and constitutional claims or challenges, on any grounds, arising at any time from, or relating to, the seizure, abandonment, disposition, and destruction of the listed property, including any such claim for attorney's fees and litigation costs. The defendant further agrees to hold the United States of America, its agents and employees, harmless from any claims whatsoever in connection with the seizure, abandonment, disposition, and destruction of the listed property. Defendant's Initials ~\/ 4 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 4 of 20 PageID 74 7. Stipulation to Judicial Order of Removal The defendant agrees to the entry of a stipulated judicial order of removal pursuant to 8 U.S.C. §§ 1228(c)(5) and 1227. Specifically, the defendant admits that he is a native of China and citizen of Canada and that he is removable from the United States pursuant to 8 U.S.C. §§ 1227(a)(l)(B) and 1227(a)(4)(A)(i). a. Voluntary Waiver of Rights After consultation with counsel and understanding the legal consequences of doing so, the defendant knowingly and voluntarily waives the right to the notice and hearing provided for in 8 U.S.C. § 1228(c)(2) and further waives any and all rights to appeal, reopen, reconsider, or otherwise challenge this stipulated removal order. The defendant understands and knowingly waives his right to a hearing before an immigration judge or any other authority under the Immigration and Nationality Act ("INA"), as amended, on the question of the defendant's removability from the United States. The defendant further understands the rights the defendant would possess in a contested administrative proceeding and waives these rights, including the defendant's right to examine the evidence against him, to present evidence on his behalf, and to cross-examine the witnesses presented by the government. The defendant agrees to waive his rights to any and all forms of relief or protection from removal, deportation, or exclusion under the INA, and related federal regulations. These rights include, but are not limited to, the ability to apply for the following forms of relief or protection from removal: asylum; withholding of Defendant's Initials ~{!i? 5 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 5 of 20 PageID 75 removal under 8 U.S.C. § 1231(b)(3); any protection from removal pursuant to Article 3 of the United Nations Convention Against Torture, including withholding or deferral of removal under 8 C.F.R. § 208; cancellation of removal; adjustment of status; registry; de novo review of a denial or revocation of temporary protected status (current or future); waivers under 8 U.S.C. §§ 1182(h) or 1182(i); visa petitions; consular processing; voluntary departure; or any other possible relief or protection from removal available under the Constitution, laws, or treaty obligations of the United States. As part of this agreement, the defendant specifically acknowledges and states that the defendant has not been persecuted in, and has no present fear of persecution in, China or Canada on account of his race, religion, nationality, membership in a particular social group, or political opinion. Similarly, the defendant further acknowledges and states that the defendant has not been tortured in, and has no present fear of torture in, China or Canada. The defendant hereby requests that an order be issued by this Court for his removal to Canada. The defendant agrees to accept a written order of removal as a final disposition of his immigration proceedings and waives any and all rights to challenge any provision of this agreement in any United States or foreign court or tribunal. The defendant hereby agrees to make the judicial order of removal a public document, waiving his privacy rights, including his privacy rights under 8 C.F.R. § 208.6. At the request of the U.S. Attorney's Office, the Department of Homeland Security, U.S. Immigration and Customs Enforcement ("ICE") concurs ~2:;0 Defendant's Initials __ - ~-- \ 6 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 6 of 20 PageID 76 with the government's request for a judicial order of removal. As a result of the above-referenced order, upon the completion of the defendant's criminal proceedings, including any sentence of incarceration, the defendant shall be removed to Canada. It is the intention of the parties that at the conclusion of his sentence of incarceration in this case, the defendant will be removed from the United States. The defendant understands and agrees that at the end of his sentence of incarceration in this case, he will be transferred to ICE custody pending his removal from the United States. b. Assistance in the Execution of Removal The defendant agrees to assist I CE in the execution of his removal. Specifically, the defendant agrees to assist ICE in the procurement of any travel or other documents necessary for the defendant's removal; to meet with and to cooperate with representatives of the country or countries to which the defendant's removal is directed; and to execute those forms, applications, or waivers needed to execute or expedite the defendant's removal. The defendant further understands that his failure or refusal to assist ICE in the execution of his removal shall breach this plea agreement and may subject the defendant to criminal penalties under 8 U.S.C. § 1253. Defendant's Initials ~ V 7 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 7 of 20 PageID 77 c. Re-entry and Penalties The defendant concedes that the entry of this judicial order of removal would render him permanently inadmissible to the United States. He agrees that he will not enter, attempt to enter, or transit through the United States without first seeking and obtaining permission to do so from the Secretary of the Department of Homeland Security or other designated representative of the U.S. government. The Court's failure, for any reason, to enter the judicial order of removal, shall make this plea agreement, and the promises contained herein, null and void. 8. Deletion of Photographs and Videos The defendant agrees to submit any electronic devices or external storage media to which he has downloaded images or videos of Cape Canaveral Space Force Station to the United States for inspection and deletion. B. Standard Terms and Conditions 1. Restitution. Special Assessment and Fine The defendant understands and agrees that the Court, in addition to or in lieu of any other penalty, shall order the defendant to make restitution to any victim of the offense(s), pursuant to 18 U.S.C. § 3663A, for all offenses described in 18 U.S.C. § 3663A(c)(l); and the Court may order the defendant to make restitution to any victim of the offense(s), pursuant to 18 U.S.C. § 3663, including restitution as to all counts charged, whether or not the defendant enters a plea of guilty to such counts, and whether or not such counts are dismissed pursuant to this agreement. Defendant's Initials &(~ f 8 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 8 of 20 PageID 78 The defendant further understands that compliance with any restitution payment plan imposed by the Court in no way precludes the United States from simultaneously pursuing other statutory remedies for collecting restitution (28 U.S.C. § 3003(b)(2)), including, but not limited to, garnishment and execution, pursuant to the Mandatory Victims Restitution Act, in order to ensure that the defendant's restitution obligation is satisfied. On each count to which a plea of guilty is entered, the Court shall impose a special assessment pursuant to 18 U.S.C. § 3013. The special assessment is due on the date of sentencing. The defendant understands that this agreement imposes no limitation as to fine. 2. Supervised Release The defendant understands that the offense(s) to which the defendant is pleading provide(s) for imposition of a term of supervised release upon release from imprisonment, and that, if the defendant should violate the conditions of release, the defendant would be subject to a further term of imprisonment. 3. Immigration Consequences of Pleading Guilty The defendant has been advised and understands that, upon conviction, a defendant who is not a United States citizen may be removed from the United States, denied citizenship, and denied admission to the United States in the future. 4. Sentencing Information The United States reserves its right and obligation to report to the Court and the United States Probation Office all information concerning the background, Defendant's Initials )<(:X? 9 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 9 of 20 PageID 79 character, and conduct of the defendant, to provide relevant factual information, including the totality of the defendant's criminal activities, if any, not limited to the count(s) to which defendant pleads, to respond to comments made by the defendant or defendant's counsel, and to correct any misstatements or inaccuracies. The United States further reserves its right to make any recommendations it deems appropriate regarding the disposition of this case, subject to any limitations set forth herein, if any. 5. Financial Disclosures Pursuant to 18 U.S.C. § 3664(d)(3) and Fed. R. Crim. P. 32(d)(2)(A)(ii), the defendant agrees to complete and submit to the United States Attorney's Office within 30 days of execution of this agreement an affidavit reflecting the defendant's financial condition. The defendant promises that his financial statement and disclosures will be complete, accurate and truthful and will include all assets in which he has any interest or over which the defendant exercises control, directly or indirectly, including those held by a spouse, dependent, nominee or other third party. The defendant further agrees to execute any documents requested by the United States needed to obtain from any third parties any records of assets owned by the defendant, directly or through a nominee, and, by the execution of this Plea Agreement, consents to the release of the defendant's tax returns for the previous five years. The defendant similarly agrees and authorizes the United States Attorney's Office to provide to, and obtain from, the United States Probation Office, the financial affidavit, any of the defendant's federal, state, and local tax returns, bank Defendant's Initials ~ a ? I 0 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 10 of 20 PageID 80 records and any other financial information concerning the defendant, for the purpose of making any recommendations to the Court and for collecting any assessments, fines, restitution, or forfeiture ordered by the Court. The defendant expressly authorizes the United States Attorney's Office to obtain current credit reports in order to evaluate the defendant's ability to satisfy any financial obligation imposed by the Court. 6. Sentencing Recommendations It is understood by the parties that the Court is neither a party to nor bound by this agreement. The Court may accept or reject the agreement, or defer a decision until it has had an opportunity to consider the presentence report prepared by the United States Probation Office. The defendant understands and acknowledges that, although the parties are permitted to make recommendations and present arguments to the Court, the sentence will be determined solely by the Court, with the assistance of the United States Probation Office. Defendant further understands and acknowledges that any discussions between defendant or defendant's attorney and the attorney or other agents for the government regarding any recommendations by the government are not binding on the Court and that, should any recommendations be rejected, defendant will not be permitted to withdraw defendant's plea pursuant to this plea agreement. The government expressly reserves the right to support and defend any decision that the Court may make with regard to the defendant's sentence, whether or not such decision is consistent with the government's recommendations contained herein. Defendant's Initials ~G \7 11 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 11 of 20 PageID 81 7. Defendant's Waiver of Right to Appeal the Sentence The defendant agrees that this Court has jurisdiction and authority to impose any sentence up to the statutory maximum and expressly waives the right to appeal defendant's sentence on any ground, including the ground that the Court erred in determining the applicable guidelines range pursuant to the United States Sentencing Guidelines, except (a) the ground that the sentence exceeds the defendant's applicable guidelines range as determined by the Court pursuant to the United States Sentencing Guidelines; (b) the ground that the sentence exceeds the statutory maximum penalty; or (c) the ground that the sentence violates the Eighth Amendment to the Constitution; provided, however, that if the government exercises its right to appeal the sentence imposed, as authorized by 18 U.S.C. § 3742(b), then the defendant is released from his waiver and may appeal the sentence as authorized by 18 U.S.C. § 3742(a). 8. Middle District of Florida Agreement It is further understood that this agreement is limited to the Office of the United States Attorney for the Middle District of Florida and cannot bind other federal, state, or local prosecuting authorities, although this office will bring defendant's cooperation, if any, to the attention of other prosecuting officers or others, if requested. Defendant's Initials ~G \7 12 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 12 of 20 PageID 82 9. Filing of Agreement This agreement shall be presented to the Court, in open court or in camera, in whole or in part, upon a showing of good cause, and filed in this cause, at the time of defendant's entry of a plea of guilty pursuant hereto. 10. Voluntariness The defendant acknowledges that defendant is entering into this agreement and is pleading guilty freely and voluntarily without reliance upon any discussions between the attorney for the government and the defendant and defendant's attorney and without promise of benefit of any kind ( other than the concessions contained herein), and without threats, force, intimidation, or coercion of any kind. The defendant further acknowledges defendant's understanding of the nature of the offense or offenses to which defendant is pleading guilty and the elements thereof, including the penalties provided by law, and defendant's complete satisfaction with the representation and advice received from defendant's undersigned counsel (if any). The defendant also understands that defendant has the right to plead not guilty or to persist in that plea if it has already been made, and that defendant has the right to be tried by a jury with the assistance of counsel, the right to confront and cross-examine the witnesses against defendant, the right against compulsory self-incrimination, and the right to compulsory process for the attendance of witnesses to testify in defendant's defense; but, by pleading guilty, defendant waives or gives up those rights and there will be no trial. The defendant further understands that if defendant pleads guilty, the Court may ask defendant Defendant's Initials WY 13 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 13 of 20 PageID 83 questions about the offense or offenses to which defendant pleaded, and if defendant answers those questions under oath, on the record, and in the presence of counsel (if any), defendant's answers may later be used against defendant in a prosecution for perjury or false statement. The defendant also understands that defendant will be adjudicated guilty of the offenses to which defendant has pleaded and, if any of such offenses are felonies, may thereby be deprived of certain rights, such as the right to vote, to hold public office, to serve on a jury, or to have possession of firearms. 11. Factual Basis Defendant is pleading guilty because defendant is in fact guilty. The defendant certifies that defendant does hereby admit that the facts set forth in the attached "Factual Basis," which is incorporated herein by reference, are true, and were this case to go to trial, the United States would be able to prove those specific facts and others beyond a reasonable doubt. 12. Entire Agreement This plea agreement constitutes the entire agreement between the government and the defendant with respect to the aforementioned guilty plea and no other promises, agreements, or representations exist or have been made to the defendant or defendant's attorney with regard to such guilty plea. Defendant's Initials ~ '\7 14 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 14 of 20 PageID 84 13. Certification The defendant and defendant's counsel certify that this plea agreement has been read in its entirety by ( or has been read to) the defendant and that defendant fully understands its terms. DATED this / o .JAday of June, 2025. ~~~v~ Xiao Guang Pan Defendant ~L~ Katherine I. Puzone, Esq. Attorney for Defendant A3tV 911qt Defendant's Initials ~ '\' 15 GREGORY W. KEHOE United States Attorney Richard ~ Varadan Assistant United States Attorney ~ :fu:: Daniel J. Marcet Assistant United States Attorney Chief, National Security Section Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 15 of 20 PageID 85 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES OF AMERICA V. CASE NO. 6:25-cr-33-GAP-LHP XIAO GUANG PAN PERSONALIZATION OF ELEMENTS As to Count One, on or about January 5, 2025, As to Count Two, on or about January 6, 2025, and As to Count Three, on or about January 7, 2025, in the Middle District of Florida, First: Second: Third: Fourth: Did you knowingly use an aircraft? Did you use the aircraft for the purpose of making a photograph? Was the photograph of vital military installations or equipment. Did you take the photograph without first obtaining permission of the commanding officer of the military station? Defendant's Initials~ e f 16 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 16 of 20 PageID 86 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DMSION UNITED STATES OF AMERICA V. CASE NO. 6:25-cr-33-GAP-LHP XIAO GUANG PAN FACTUAL BASIS Between January 5 and January 7, 2025, the defendant, Xiao Guang Pan, a citizen of Canada who was born in the People's Republic of China (PRC), used an unmanned aerial system (U AS) to take nearly 250 photographs and videos of vital military installations at Cape Canaveral Space Force Station (CCSFS). CCSFS is a military installation operated by the United States Space Force. It supports the United States' space launch capabilities and hosts space launch complexes used by the Department of Defense and defense contractors. CCSFS also hosts U.S. Navy submarine wharfs operated by the Naval Ordnance Test Unit. On January 7, 2025, the National Aeronautics and Space Administration (NASA) detected drone activity near CCSFS. Officers with the Brevard County Sheriff's Office (BCSO) responded and observed Pan operating a DJI Mavic Pro 3 UAS from a parking lot at Port Canaveral in Brevard County, Florida. The officers approached Pan and, upon learning that he had been flying in the vicinity of CCSFS, informed federal law enforcement agencies. Defendant's Initials ~a? 17 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 17 of 20 PageID 87 Review of Photographs and Videos The responding federal agents detained Pan's UAS and phone and, pursuant to his valid consent, submitted both for forensic extraction. The forensic data on the UAS showed that Pan had flown his drone nine times and taken 1,919 photographs and videos between January 5 and 7, 2025. Of those photos and videos, 243 photographs and 13 videos showed military infrastructure at CCSFS. At no point did Pan ask for or receive permission to take photographs or videos of CCSFS. On January 5, 2025, Pan took two videos and 21 photographs ofCCSFS. This media, which was captured from several miles away using a telephoto lens, showed several military and defense contractor assets, including fuel storage facilities, munitions storage areas. One of these photographs, titled DJI_20250105144336_0534_D, depicted a Space Launch Complex and payload processing facilities operated by two defense contractors. On January 6, 2025, Pan took nine videos and 166 photographs of CCSFS. This time, he launched his drone from a location which was several miles closer to CCSFS. These photographs and videos captured the same military infrastructure as on January 5 in higher quality and from different angles. Pan additionally captured images and videos of mission control infrastructure and fuel and munitions facilities. One of these photographs, titled DJI_20250106063150_0895_D, depicted a Space Launch Complex and payload processing facilities operated by two defense contractors. Defendant's Initials ~(3 Z 18 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 18 of 20 PageID 88 On January 7, 2025, Pan took two videos and 56 photos of CCSFS before he was encountered by law enforcement. He launched and operated his drone from Class D controlled airspace, just outside the CCSFS restricted airspace border, without receiving FAA approval. During this flight, Pan captured images and videos of roads, power distribution infrastructure, security checkpoints, mission control infrastructure, national security space launch infrastructure, fuel and munitions storage, and naval infrastructure within CCSFS. One of these photographs, titled DJI_20250107061950_0118_D, depicted a submarine wharf, munitions bunkers, and a Space Launch Complex operated by a defense contractor. Interviews of Pan After Pan was discovered on January 7, 2025, federal agents interviewed him twice. During those interviews, Pan was read and waived his Miranda rights, and was warned that lying to federal agents is a federal crime. Pan told the agents that he had flown his drone to take pictures of the beauty of nature, the sunrise, and the cruise ship port. He stated that he had not seen any launch pads and that he did not know that he was near a military installation. Pan added that his U AS sends alerts and warnings to his handset and he had not received any alerts or warnings while flying his UAS. Search of Pan's Phone During a review of Pan's cell phone, agents found several screenshots Pan had created. Among those screenshots were several Google Maps satellite overviews of Cape Canaveral. One of those screenshots, taken on January 7, 2025, while Pan was Defendant's Initials ~z 19 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 19 of 20 PageID 89 located at his launch location, prominently displayed the words "Cape Canaveral Space Force Station." UAS Forensic Data As part of the forensic review of Pan's UAS, investigators recovered flight log data from the UAS. The flight log data showed that between January 5 and January 7, 2025, Pan had made nine flights. The data also showed that on each of the three days, the UAS had logged several alerts and sent the operator messages about altitude and airspace violations. The above is merely a summary of some of the events, some of the persons involved, and other information relating to this case. It does not include, nor is it intended to include, all the events, persons involved, or other information relating to this case. Defendant's Initials "'/2 (:\ '( 20 Case 6:25-cr-00033-GAP-LHP Document 37 Filed 06/18/25 Page 20 of 20 PageID 90